Court Highlights Urgency for Legal Framework to Address Non-Consensual ‘Unnatural’ Acts in BNS
The Delhi High Court has directed the Central government to promptly address the omission of provisions related to non-consensual sodomy or ‘unnatural’ sexual acts in the Bharatiya Nyaya Sanhita (BNS). A Division Bench comprising Acting Chief Justice Manmohan and Justice Tushar Rao Gedela highlighted that the absence of such a provision creates a legal vacuum, emphasizing the urgency of the issue.
The court’s directive came in response to a Public Interest Litigation (PIL) filed by Advocate Gantavya Gulati, which challenged the lack of an equivalent provision to Section 377 of the Indian Penal Code (IPC) in the newly enacted BNS. Section 377, now repealed, had previously criminalized carnal intercourse “against the order of nature.” The PIL argues that the absence of a legal provision for non-consensual sexual acts leaves individuals vulnerable, especially men and transgender persons, who may not be covered under existing laws.
During the hearing, the government’s counsel, Central Government Standing Counsel (CGSC) Anurag Ahluwalia, informed the court that the matter was under active consideration, with a holistic review being conducted by the government. However, the court stressed the need for swift action, noting that any delay could lead to a gap in legal protection.
The court remarked that while consensual acts should not be punishable, non-consensual acts must be addressed by law. The bench urged the government to explore all possible avenues, including issuing an ordinance if necessary, to fill this legal gap.
The court ordered the government to treat the PIL as a formal representation and to make a decision within six months, noting the urgency of the situation. The matter will be closely monitored, and the court has expressed its readiness to intervene further if required.
The issue arose after the Supreme Court’s landmark 2018 *Navtej Singh Johar* ruling, which decriminalized consensual sexual acts under Section 377. The BNS, which replaced the IPC in July 2023, does not currently include any provisions for non-consensual unnatural sexual acts, raising concerns about the legal framework’s ability to protect victims.
(With inputs from agency)
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